Division of Air and Waste Management

Open Burning Information Citizen's Guide to Open Burning Citizen's Guide to Open Burning (Espanol) Open Burning Prohibitions and Approved Burns Open Burning FAQ Open Burning by Fire Companies Open Burning - Prescribed Burns

Photo by Bill Jones A prescribed burn for land management to remove invasive phragmites along the Delaware River. Prescribed burns are permitted for open burning from Oct. 1 - April 30, but cannot take place during the state’s open burning ban.

Open burning restrictions are in effect throughout Delaware from May 1-Sept. 30, with Sussex County now included in the statewide ban. This five-month timeframe is considered the Ozone Season.

Open burning is restricted in Delaware for any refuse, including but not limited to old lumber, trash or garbage, grass and tree stumps. The burning of leaves is banned year round. Burning of cut or fallen branches, limbs or shrubbery trim from a residence is allowed throughout the state from October to April, except when the State Fire Marshal issues a ban on all outdoor burning.

Delaware’s Air Quality Management Regulation 1113 defines open burning as:

Any outdoor  fire or outdoor smoke producing process from which the products of combustion are emitted directly into the ambient air. This does not include incinerators, boilers, or heaters used in process operations.

Five types of  open burning activities are covered by Delaware’s Open Burning Regulation:

• Domestic burning of small amounts yard/garden debris by a homeowner.
• Recreational burning such as cooking fires (BBQs), campfires (patio fire pits) or ceremonial bonfires (by organized groups).
• Demolition of structures by intentional burning according to firefighting instruction.
• Prescribed burns for forest and land management, and
• Agricultural burns for crop residue, field maintenance and land clearing.

For more information please contact Kristoffer Gontkovsky at 302-739-9402 or kristoffer.gontkovsk@state.de.us